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HomeMy WebLinkAbout01-24-66 Council Meeting Minutes;2 REGULAR MEETING_ REGULAR MEETING JANUARY 24. 1966 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers at City Hall, on Monday, January 24, 1966 at 11:10 P.M. All members were present. The meeting was called to order by President John L. Hunter, Jr., who presided. ROLL CALL PRESENT: Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak . Laven, Smith and Muszynski REPORT OF COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your Committee on the inspection and supervision of the minutes, would respectfully report that they have inspected the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. Meeting of January 10, 1966 The report was accepted unanimously and placed on file. PETITION /s/ John L. Hunter, Jr. /s/ Janet S. Allen /s/ Albert E. Palmer PETITION TO AMEND ZONING ORDINANCE I.: the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana to amend the zoning Ordinance of the City of South Bend, Indiana, as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 3617 E. McKinley Avenue, South Bend, Indiana 2. The property is owned by Martha Knuckman in fee simple, petitioner herein. 3. A legal description of the property is as follows: St. Joseph County, State of Indiana: A part of the East half of the Southeast Quarter of Section 5, Township 37 North, Range 3 East, described as follows: Beginning at the intersection of McKinley Avenue or U.S. Highway No. 20 and Logan Street, or Hickory Road in the center of McKinley Avenue at the Southeast corner of said Section No. 5; running thence West on the center line of McKinley Avenue or U.S. Highway No. 20, 313.25 feet to the place of beginning for this description; thence North on a line parallel with Logan Street, 267 feet to an iron; thence East 125 feet; thence South 270.5 feet to the center line of McKinley Avenue; thence West along said centerline of Mc- Kinley Avenue, 125 feet to the place of beginning. Subject to the rights of the public to the use of the South 40 feet lying in McKinley Avenue or U.S. Highway No. 20. 4. It is desired and requested that the foregoing property be rezoned: From "A "Use and "A" Height and Area District To "C" Use and "C" Height and Area District. 5. It is proposed that the property will be put to the following use and the following building will be constructed: Approximately 2,000 square feet one story brick building, with full basement, to be used as a branch bank for the St. Joseph Banff. and Trust Company. 6. Number of off street parking spaces to be provided: a minimum of 50 cars. 7. Attached is a copy of: a.) the plot plan showing my property and other surrounding properties; b.) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned. /s/ Martha Knuckman 1723 Southwood Avenue, South Bend, Indiana Nicholas P. Cholis, Attorney for Petitioner 315 St. Joseph Bank Bldg. South Bend, Indiana Councilman Smith made a motion that the petition be referred to the Area Plan Commission. Councilman Palmer seconded the motion. Motion carried. EEGUI.AP. MEETING _JANUAR'_ 24, 1966 PETITION I PETITION TO AMEND ZONING ORDINANCE We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana to amend the zoning Ordinance of said City.In support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 3409 McKinley Ave. and 3511 McKinley Ave. 2. The property is owned by Robert M. & Dorothy E. Jones (3409 McKinley) Thomas & Lee Etta E. Draginis (3511 McKinley) 3. A legal description of the property is as follows: Part of the Southeast quarter of Section 5, Township 37 N, R 3E, beginning at a point of the South line of said section (being the center line of right of way for McKinley Ave.) 688.25' West of the Southeast corner of said Section; thence North_a distance of 726'; thence west 225'; thence South 726'; thence East 225' to -the place of beginning; the South 40' of said property being subject to the right of way for McKinley Ave. 4. It is desired and requested that the foregoing property be rezoned: From "A" Residential Use and "A" Height and Area District To "C" Commercial Use and "C" Height and Area District 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed. The proposed property described under item #3 being bordered on the North and 150 feet to the West by "C" Commercial & 75 ft. to the East by "B" Residential being used as a private club. We the before mentioned petitioners feel the proposed,property has no further use as single family residence. 7. Attached is a copy of: a.) the plot plan showing my property and other surrounding properties; b.) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned. /s/ Robert M. Jones 3409 McKinley /s/ Dorothy E. Jones 3409 McKinley /s/ Thomas Dranginis 3511 McKinley /a/ Lee Etta E. Dranginis 3511 McKinley Councilman Smith made a motion that the petition be referred to the Area Plan Commission. Councilman Laven seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole, to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 OF THE CITY OF SOUTH BEND, INDIANA (Affecting 21 Acre Tract at Northwest corner of McKinley Highway and Hickory Road) Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Allen made a motion that the report be accepted and placed on file. Councilman Smith seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING ORDINANCE NO, 3702 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ON THE 14th DAY OF JUNE, 19491 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (East side of Twyckenham between Corby and Campeau)-" Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as unfavorable. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Szymkowiak seconded the motion. Motion carried. REPORT OF AREA PLAN COMMISSION January 19, 1966 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached ordinance amending Chapter 40, Section 40 -8 of the Municipal Code of South Bend, Indiana, was legally advertised under date of January 8, 1966 and given public hearing on January 18, 1966. The following action was taken: After due consideration it was moved by Mr. Lehman, seconded by Mr. Sharp and unanimously carried that the ordinance be recommended favorably to the Council. The deliberations of the Area Plan Commission are shown in the excerpts of the minutes attached hereto and made a part of this report. Very truly yours, /s/ John K. Wilson, Executiye Director The report was accepted and placed on file ORDINANCES, THIRD READING ORDINANCE NO. 4827 -66 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 OF THE CITY OF SOUTH BEND, INDIANA (Affecting 21 Acre Tract at North- west corner of McKinley Highway and Hickory Road) The Ordinance was given third reading and passed by a roll call vote of 7 ayes(Councilmen Hunter, Allen, Palmer, Szymkowiak, Laven, Smith and Muszynski) 2 nays (Councilmen Wise and Geib) ORDINANCE AN ORDINANCE AMENDING ORDINANCE N0, 3702 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ON THE 14th DAY OF JUNE, 1949, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND.(Location: East side of Twyckenham between Corby and Campeau) The Ordinance was given third reading and defeated by a roll call vote of 3 ayes (Councilmen Allen, Szymkowiak and Muszynski) 6 nays (Councilmen Hunter, Palmer, Wise, Geib, Laven and Smith) ORDINANCES, FIRST AND SECOND READING AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -8(a) OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA The: ".Or'dinance_was given first reading by title and second reading in full. Councilman Allen made a motion 11 that the Ordinance be set for Public Hearing on February 14, 1966. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE (1) MUNICIPAL BONDS OF 1961 -- $6,469.48; (2) MUNICIPAL BONDS OF 1962 -- $151,667.68 AND (3) MUNICIPAL BONDS OF 1965 -- $1314039558.17 The Ordinance was given first reading by title and second reading in full. Councilman Geib made a motion that the Ordinance be set for Public Hearing on February 14, 1966. Councilman Wise seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING AN ORDINANCE TO CREATE AN INDUSTRIAL DEVELOPMENT FUND AND TO APPROPRIATE $100,000.00 OUT OF SAID FUND FOR THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS The Ordinance was given first reading by title and second reading in full. Councilman Muszynski: made ti motion that the Ordinance be set for Public Hearing on February 14, 1966. Councilman Wise seconded the motion. Motion carried. RGIIIAR-IMETING JANUARY 24, 1966 ORDINANCES, FIRST AND SECOND READING AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE MOTOR VEHICLE HIGHWAY FUND IN THE AMOUNT OF $407,971.29 TO A SPECIAL STREET CONSTRUCTION ACCOUNT, The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion that the Ordinance be set for Public Hearing on February 14, 1966. Councilman Palmer seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING AN ORDINANCE TO CREATE A CUMULATIVE CAPITAL IMPROVEMENT FUND. The Ordinance was given first reading by title.and second reading in full. Councilman Palmer made a motion that the Ordinance be set for Public Hearing on February 14, 1966. Councilman Allen seconded the motion. Motion carried. RESOLUTIONS RESOLUTION NO. 127 -66 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE URBAN RENEWAL PLAN AND THE FEASIBILITY OF RELOCATION FOR THE LASALLE PARK URBAN RENEWAL AREA NO. 1, PROJECT NUMBER IND, R -57 WHEREAS, under the provisions of Title I of the Housing Act of 1949, as amended, the Department of Housing and Urban Development Administrator is authorized to provide financial assistance to Local Public Agendies for undertaking and'carrying out urban renewal projects; and I WHEREAS, it is provided in such Act that contracts for financial aid thereunder shall require that the Urban Renewal Plan for the respective project area be approved by the governing body of the locality in which the project is situated and that such approval include findings by the koverning body that: {1) the financial aid to be provided in the contract is necessary to enable the project to be undertaken in accordance with the Urban Renewal Plan; (2) the Urban Renewal Plan will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; (3) the Urban Renewal Plan conforms to a general plan for the development of the locality as a whole; and (4) the Urban Renewal Plan gives due Consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood j improvement, with special consideration for the health, safety, and welfare of children residing in the gen- eral vicinity of the site covered by the Plan; and WHEREAS the City of South Bend, Department of Redevelopment (herein called the "Local Public Agency ") has entered into a planning contract for financial assistance under such Act with the United States of America, acting by and through the Department of Housing and Urban Development Administrator , pursuant.to which Federal funds were provided for the urban renewal project (herein called the "Project ") identified as "LaSalle Park Urban Renewal Area No. 1" and encompassing the area bounded by a line drawn as follows: Beginning at the point of intersection of the north right -of -way line of Linden Avenue and a line which is an extension of the west right of way line of the alley between and parallel to Sheridan Avenue and Chicago Street; proceed east along the north right -of -way line of Linden Avenue to a point 129.0 feet, more or less, east of the east right of way line to Falcon Street; thence south along a line which is 129.0 feet, more or less, east of and parallel to the east right of way line of Falcon Street, a distance of 388.3 feet, more or less; thence at 90 degrees in a westerly direction a distance of 129.0 feet, more or less, to the east right of way line of Falcon Street; thence south along said right of way line a distance of 485.7 feet, more or less; thence at 90 degrees in an easterly direction a distance of 129.0 feet, more or less, to the west right of way line of the alley between and parallel to Falcon Street and Lake Street; thence south along said alley right of way line a distance of 116.0 feet, more or less; thence at 90 degrees in an easterly direction a distance of 203.0 feet, more or less, to the east right;of way line of Lake Street; thence south along said right of way line a distance of 50.0 feet, more or less; thence at 90 degrees in an easterly direction a distance of 793.0 feet, more or less, to the west right of way line of the alley between and para- llel to Kentucky Street and Dungy Street; thence south along said alley right of way line a distance of 250.0 feet, more or less; thence at 90 degrees in an easterly direction along a line north of and parallel to the north right of way line of Washington Street, to the west right of way line of the alley west of and parallel to Kaley Street; thence north,ralong said alley right of way line to the north right of way line of the New York Central Rail- road; thence southeasterly along said right of way line to the east right of way line.of the first alley east of and parallel to Meade Street; thence south along said alley right of way line to the centerline of the first alley north of and parallel to Western Avenue; thence west along said alley center line to Ahe west right of way line of the alley between and parallel to Sheridan Avenue and Chicago Street; thence north along said alley right of way lifle to the north right of way line of Linden Avenue which is the place of beginning, in the City of South Bend, State of Indiana, (herein called the "Locality "); and WHEREAS the Local Public Agency has applied for additional financial assistance under such Act and proposes to enter into an additional contract or contracts with the Department of Housing and Urban Development for the undertaking of, and for making available additional financial assistance for, the Project; and (Continued) RESOLUTION NO. 127 -66 (Continued) WHEREAS the Local Public Agency has made detailed studies of the location, physical condition of structures, land use, environmental influences, and the social, cultural, and economic conditions of the Project area and has determined that the area is a blighted area -and that it is detrimental and a menace to the safety, health, and welfare of the inhabitants and users thereof and of the Locality at large, because of the presence of blighted structures and the lack of adequate community improvements, and the members of this Governing Body have been fully appraised by the Local Public Agency and are aware of these facts and conditions; and WHEREAS there has been prepared and referred to the Common Council of the Locality (herein called the "Governing Body ") for review and approval of an Urban Renewal Plan for the Project area., dated November 1, 1965, and consisting of 22 pages, supported by the Final Project Report material, date, and recommendations, which material, data, and recommendations are not a part of the Urban Renewal Plan, WHEREAS, the Urban Renewal Plan has been approved by the Governing Body of the Local Public Agency, as evidenced by the copy of said Body's duly certified resolution approving the Urban Renewal Plan, which is attached thereto; and WHEREAS the Area Plan Commission of St. Joseph County which is the duly designated and acting official planning body for the Locality, has submitted to the Governing Body its report and recommendations respecting said Urban Renewal Plan for the Project area and has certified that said Urban Renewal Plan conforms to the said general plan for the Locality as a whole, and the Governing Body has duly considered said report, recommendations, and certifi- cation of the planning body; and WHEREAS the Urban Renewal Plan for the Project area prescribes certain land uses for the Project area and will require, among other things, changes in zoning, the vacating and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action; and WHEREAS the Local Public Agency has prepared and submitted a program for the relocation of individuals and families that may be displaced as a result of carrying out the Project in accordance with the Urban Renewal Plan; and WHEREAS there have also been presented to the Governing Body information and data respecting the relocation program which have been prepared by the Local Public Agency as a result of studies, surveys, and inspections in the Project area and the assembling and analysis of the data and information obtained from such studies, surveys, and inspections; and WHEREAS the members of this Governing Body have general knowledge of the conditions prevailing in the Project area and of the availability of proper housing in the Locality for the relocation of individuals and families that may be displaced from the Project area and, in the light of such knowledge of local housing conditions, have carefully considered and reviewed such proposals for relocation; and WHEREAS it is necessary that the Governing Body take appropriate official action respecting the relocation program and said Urban Renewal Plan for the Project, in conformity with the contracts for financial assistance between the Local Public Agency and the United States of America acting by and through the Department of Housing and Urban Development Administrator; and WHEREAS the Governing Body is cognizant of the conditions that are imposed in the undertaking and carrying out of Urban renewal projects with Federal financial assistance under Title I. including those prohibiting discrim- ination because of race, color, creed, or national origin: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: 1. That it is hereby bound and determined that the Project is a blighted area and qualifies as an eligible Project area under the Redevelopment of Cities and Towns Act of 1953, as amended. 2. That the Urban Renewal Plan for the Project aforementioned, having been duly reviewed and considered, is hereby approved, and the City Clerk be and is hereby directed to file said copy of said Urban Renewal Plan with the minutes of this meeting. 3. That it is hereby found and determined that the objectives of the Urban Renewal Plan cannot be achieved through more extensive rehabilitation of the Project area. 4. That it is hereby found and determined that the Urban Rfnewal Plan for the Project area conforms to °the general plan of the Locality. 5. That it is hereby found and determined that the financial aid provided and to be provided pursuant to said contract for Federal financial assistance pertaining to the Project is necessary to enable the Project to be undertaken in accordance with the Urban Renewal Plan for the Project area. r 6. That it is hereby found and determined that the above-mentioned Urban Renewal Plan for the Urban Renewal Area will afford maximum opportunity, consistent with the sound needs of the Locality as a whole, for the Urban renewal of such areas by private enterprise. 7. That it is hereby found and determined that the Urban Renewal Plan for the Urban Renewal Area gives due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the Plan. (continued) REGULAR MEETING JANUA RY 24- 1966 RESOLUTION 127 -66 (Continued) I 8. That it is hereby found and determined that the program for the proper relocation of individuals and families displaced in carrying out the Project in decent, safe, and sanitary dwellings in conformity with j acceptable standards is feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the Project; and that such dwellings or dwelling units available or to be made available to such displaced individuals and families are at least equal in number to the number of individuals and families, are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families in the Project area, are available at rents or prices within the financial means of the individuals and families, and are reasonably accessible to their places of employ- ment. 9. That in order to implement and facilitate the effectuation of the Urban Renewal Plan hereby approved it is found and determined that certain official action must be taken by this Body with ref- erence, among other things to changes in zoning, the vacating and removal of streets, alleys, and other public ways, the estab- lishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action, and , accordingly, this Body hereby (a) pledges its cooperation in heiping'to darry' out such' Urban Reflewil Plan; (b) requests the various officials, departments, boards, and agencies of the Locality having administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with said Urban Renewal Plan; and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate said Urban Renewal Plan. 10. That additional financial assistance under the provisions of Title I of the Housing Act of 1949, as amended, is necessary to enable the land in the Project area to be renewed in accor- dance with the Urban Renewal Plan for the Project area and accordingly, the filing by the Local Public Agency of an application or applications for such financial assistance under said Title I is hereby approved. /s/ Janet S. Allen Member of the Common Council Speaking in favor of the Resolution was Mr. H. Jan Chong, Executive Director of the Urban Redevelopment Commission. The Resolution was adopted by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer,Wise_'.Szymkowiak, Laven, Smith and Muszynski; 1 nay (Councilman Geib) RESOLUTION NO. 128 -66 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN THE MOTOR EQUIPMENT ACCOUNT OF THE ENGIN- EERING DEPARTMENT IN THE AMOUNT OF $50.00 AND THE TRANSFER OF THE SAME FROM THE OTHER EQUIPMENT ACCOUNT IN THE SAME CATEGORY, TO -WIT: PROPERTIES, AND ALL BEING IN THE GENERAL FUND. WHEREAS, Certain extraordinary conditions have developed since the adoption of the existing annual budget, so that it is now necessary to appropriate more money than was appropriated in the annual budget for the various functions of City Government to meet such extraordinary contingencies; and WHEREAS, Additional funds for Motor Equipment are urgently needed by the Engineering Department to assure its ability to properly perform its function and the sum of $50.00 is needed forthwith; and WHEREAS, A surplus exists in another account where it is not presently needed; and more specific- ally as follows, tO -wit: 1. Fifty (50) Dollars in ACCOUNT L -726 designated as Other Equipment. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $50.00 be transferred from ACCOUNT L -726 designated as Other Equipment, by transferring it to the following account, to -wit: 2. Fifty (50) Dollars to ACCOUNT L -722 designated as Motor Equipment, both of said accounts being in the same category, to -wit: Properties of the Engineering Department. John V. Wise Speaking in favor of the Resolution was Mr. Lloyd S. Taylor, City Engineer. The Resolution was adopted by a roll call vote of 9 ayes, 0 nays. There being no further business before the Council, Councilman Wise made a motion that the meeting be adjourned. Councilman Laven seconded the motion. Motion carried and Council adjourned at 11 :56 P.M. ATTEST: APPROVED: K = = = = w: = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =